Agreement between User and Pivotous Collective LLC
Pivotous Collective LLC constitutes is marketing, consulting, and education service provider.
Our sites (Pivotous Social & Pivotous Connect) provide and sell educational courses and resources and are a software as a service (SaaS) platform.
Visiting our site(s) or sending emails to Pivotous constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
If you use our sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pivotous is not responsible for third-party access to your account that results from theft or misappropriation of your account. Pivotous and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Pivotous collects personally identifiable information from all users.
By using our Site you confirm that you are authorized by someone 18 years or older to enter valid payment information and by doing so have legally entered into a contract as the adult providing the payment information.
Pivotous Software: You may cancel your subscription without any penalty or obligation, only if notice of cancellation is given, in writing, within 10 business days from the date on which you first purchased our services. For purposes of this section, business days are Monday through Friday. To cancel email a written request with your name, email address, and the language “I would like to cancel my subscription” to email@example.com within those 10 business days. Once you have completed your purchase, you are utilizing our services as a listing service.
You may cancel your monthly or yearly subscription at any time prior to your monthly billing date to avoid the next month’s or year’s charge. You can request your account be canceled by sending an email to firstname.lastname@example.org
No refunds will be given after the initial 10 days for weekly or yearly subscription plans
** All content and communication from Pivotous staff, websites, or any other form of communication constitutes Pivotous Collective LLC’s intellectual property. Any Downloading, distributing, or the resale of any intellectual property, progression on any course, lesson, topic, quiz, or assignment, forfeits your right to request a refund and your account will be subject to immediate cancelation.
Pivotous Premium Service:
All premium services include access to Pivotous Connect and Pivotous Social (LMS and community access.) Our premium services are billed prior to the start of each 30-day cycle and contracted for 90-day engagement periods. Each 90-day sprint is customized to each individual client and specifics are outlined in detail within the offer letter and proposal. Each 90-day sprint will auto-renew unless otherwise determined by the client.
To Cancel a premium service contact for any reason, the client is required to submit a formal request through email 10 days prior to the start of the next 90-day engagement period.
Each time you access and/or use the Services, you agree to these Terms and any additional terms that may appear for the Services you select.
You Agree to Our Billing Terms
You agree to pay all fees and other charges at the prices then in effect for your use of the Services including any applicable taxes, and you authorize us to charge your payment provider for the Services, including any recurring fees using your billing Information.
Removal of Account
Should you wish to have your account completely removed simply send a request to email@example.com
Links to third party sites/Third-party services
Our sites may contain links to other websites (“Linked Sites”). The linked sites are not under the control of Pivotous and Pivotous is not responsible for the contents of any Linked Site, including without limitation any link contained in a linked site, or any changes or updates to a linked site.
Pivotous is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pivotous of the site or any association with its operators.
Certain services made available via our sites are delivered by third-party sites and organizations. By using any product, service, or functionality originating from our sites’ domain, you hereby acknowledge and consent that Pivotous may share such information and data with any third party with whom Pivotous has a contractual relationship to provide the requested product, service, or functionality on behalf of our users and customers.
When you subscribe to PivotousSocial.com or any other site controlled by Pivotous Collective you’re agreeing to the T&C of our Affiliate Program as well as this site. We are not responsible for the loss of any commissions due to the loss of credentials or any misinformation regarding your payment method.
All commissions will be paid on a monthly basis after at least 30 days have passed from any sales. If you cancel your subscription to Pivotous Social and keep your affiliate account, you are still eligible to receive commissions.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pivotous or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pivotous content is not for resale unless written permission has been given otherwise. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Pivotous and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pivotous or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Pivotous has no obligation to monitor the communication services. However, Pivotous reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Pivotous reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.
Pivotous reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pivotous’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
Pivotous does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Pivotous specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pivotous spokespersons, and their views do not necessarily reflect those of Pivotous.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to our sites or posted on any Pivotous web page Pivotous does not claim ownership of the materials you provide to Pivotous (including feedback and suggestions) or post, upload, input or submit to any Pivotous Site or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Pivotous, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
The Service is controlled, operated, and administered by Pivotous from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pivotous Content accessed through our sites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Pivotous, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pivotous reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pivotous in asserting any available defenses.
the information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. changes are periodically added to the information herein. pivotous collective LLC and/or its suppliers may make improvements and/or changes in the site at any time.
Pivotous collective LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind.
Pivotous collective LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Pivotous reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pivotous as a result of this agreement or use of the Site. Pivotous’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Pivotous’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pivotous with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pivotous with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Pivotous with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Pivotous reserves the right, in its sole discretion, to change the terms under which our sites are offered. The most current version of the Terms will supersede all previous versions.
Pivotous encourages you to periodically review the Terms to stay informed of our updates. Every time you log in to your account you are accepting the current terms and conditions.
Pivotous welcomes your questions or comments regarding the Terms: Pivotous Collective LLC
Data Collected by the Company.
a. When you use the Website, the Company may collect personally identifiable information that you provide to the Company, such as your name, company, employer, address, phone number, email address, credit card information, social media credentials, or photo. The Website may collect such information from various platforms and Website applications, including, but not limited to, webinars sponsored by the Company, downloads offered by the Company, videos and podcasts posted by the Company, promotional emails sent by the Company, articles published by the Company, and chat rooms and forums sponsored by the Company.
b. With your permission, the Company may also access other profiles and personal information from third-party websites. Such information may include usernames, passwords, photos, or other such data that you have posted on third-party websites.
c. Website systems may also collect and associate your personal information with your activities in providing the Website to you (such as pages you view or things you buy).
d. When you send an email or other communication to the Company, the Company may retain those communications to process your inquiries, respond to your requests, and improve the Website.
e. The Company uses certain generic visitor information to better understand how visitors use the Website. This information is commonly made available by web browsers and servers and may include the IP address assigned to your computer, and data about browser type, language preference, referring website, and the date and time of each visitor request.
f. The Company provides a discussion board forum for some of its users, where users can interact with Company experts, clients, and other users enrolled in the program. By signing up and engaging in the discussion forum, you acknowledge that other active users in the forum may see your content and user information, such as your username.
The Company’s Use of Data.
a. The Company maintains and processes some personal information to provide access to its visitors and to effectively operate the Website.
b. The Company uses your name, company name, and email address to notify you of updates that you have requested, as well as other information. There may also be instances where the Company provides your name, company name, email address, or other information provided by you to its partners and affiliates so that they can provide you with the requested information.
c. The Company works with various partners, affiliates, and sponsors to provide its visitors with access to content and events, both physical and virtual. When you access such content or events through the Website, the Company may use and provide your personally identifiable information to those partners, affiliates, and sponsors.
d. To operate the Website, the Company may make identifiable and anonymous information available to third parties in limited circumstances: (1) with your express consent; (2) for research purposes; (3) when the Company has a good faith belief that it is required by law; (4) when the Company has a good faith belief that it is necessary to protect the Company’s rights or property; or (5) to any successor or purchaser in a merger, acquisition, liquidation, dissolution, or sale of assets. Your consent will not be required for disclosure in these cases, but the Company will attempt to notify you, to the extent permitted by law to do so.
Unaffiliated Third Parties.
Visitors should be aware that what they share on the Website may be discovered by third parties without the involvement of the Company, including, without limitation, search engine crawlers and bots. Visitors should take this into consideration whenever sharing any information on the Website.
The Company does not knowingly collect personal information from individuals under the age of eighteen (18). If you believe that the Company has inadvertently collected such information, please contact the Company immediately, so the company can promptly obtain parental consent or remove the information.
Information collected by the Company may be stored or processed on computers located wherever the Company does business. The Company takes reasonable steps to secure your personally identifiable information against the unauthorized access, alteration, disclosure, or destruction of data. However, no security method can be guaranteed to protect information from hackers or human error. Although the Company is not currently certified under U.S.-E.U. or U.S.-Swiss Safe Harbor Privacy Principles, the Company uses reasonable efforts to comply with such Principles regarding the collection, use, and retention of personally identifiable information from European Union member countries and Switzerland.
All content on the Website, including but not limited to any intellectual property, text, graphics, images, audio, video, and data, is the property of the Company and shall remain the property of the Company.
When you visit the Website, the Company may send one or more cookies, beacons, tags, and scripts, which are small files containing a string of characters, to your hard drive, which uniquely identifies your browser. Any use of such tracking mechanisms by the Company will be solely for the purpose of improving the quality of the Website by storing visitor preferences and tracking visitor trends. Most browsers initially default to accept cookies, but you can reset your browser to refuse all cookies or to alert you when a cookie is being sent. Your ability to use some of the features of the Website may be limited by refusing such mechanisms. The Company’s advertising partners may also use such tracking mechanisms for similar purposes, which the Company does not control.
Social Media Features.
The Website includes links to various social media platforms, including but not limited to Facebook, LinkedIn, and Twitter. These links may also collect your IP address and may set a cookie to enable the link to function properly. Such social media links are generally hosted by third parties, and the Company does not exercise control over such third parties and is therefore not responsible for any actions by such third parties.
Update of Personal Information.
Sale of the Company.
The Company may assign, sell, license, or otherwise transfer your name, company name, address, email address, or other personally identifiable information in the event of an assignment, sale, joint venture, or other transfer of the interests of the Company to another entity. The Company shall take reasonable steps to notify you of any such sale of the Company, including its effect on your personally identifiable information.
EU General Data Protection Regulation.
a. The EU General Data Protection Regulation (“GDPR”) applies to companies that process and hold the personal data of data subjects located in the European Union. If you are a user located in the European Economic Area, then this section also applies to you.
b. As a user located in the European Economic Area, you have the following rights under GDPR regarding access to your personal data collected by the Company:
You may request that the Company transfer your personal data to you in a portable format, correct it, or delete it. You also retain the ability to update some of your personal data, such as your name and email address.
You can request that the Company stop using your personal data and can withdraw your consent at any time by clicking the “unsubscribe” link in emails from the Company.
However, these rights are not absolute, and because the Company may be required by law to process your personal data in certain instances, the Company may retain such data even if you withdraw your consent.
In instances where the Company requires your personal data to comply with legal or contractual obligations, then the Company’s retention of such personal data is mandatory, and if such personal data is not provided, then the Company will not be able to meet its contractual obligations. Except for these specific instances, the provision of requested personal data is optional.
If you have concerns about the Company’s use of your personal data, you have the right to complain to the relevant data protection authority, which is the data protection authority of the country of either your habitual residence, your place of work, or where the alleged infringement occurred.
Pivotous welcomes your questions or comments regarding the terms: